Article 3: Police Regulated Business Regulations …docs.sandiego.gov/municode/MuniCodeChapter03/Ch03Art03...Regulatory body means the Massage Therapist Organization (also known as

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San Diego Municipal Code Chapter 3: Business Regulations,

Business Taxes, Permits and Licenses(1-2020)

Article 3: Police Regulated Business Regulations

Division 35: Massage Business and Massage Therapists

(“Massage Business and Massage Technicians”

added 12–21–1976 by O–11969 N.S.)

(Retitled to “Massage Business and Massage Therapists” on 11-25-2014

by O-20437 N.S.; effective 12-25-2014.)

§33.3501 Purpose and Intent

It is the purpose and intent of this Division to provide for the orderly regulation of the

business of massage, massage establishments, and massage therapists in the City of

San Diego by establishing certain minimum standards for the conduct of these

businesses to protect the public health and welfare of the residents of the City of San

Diego.

This Division is adopted pursuant to California Government Code sections 51030

through 51034.

(“Citation of Ordinance” repealed; “Purpose and Intent” renumbered from

Sec. 33.3502 and amended 12–5–2000 by O–18907 N.S.; effective 7-1-2001.)

(Amended 11-25-2014 by O-20437 N.S.; effective 12-25-2014.)


§33.3502 Definitions

For purposes of this Division, defined terms appear in italics. The following

definitions apply in this Division:

Massage means any method of pressure on, or friction against, or stroking, kneading,

rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human

body with the hands or other parts of the body, with or without the aid of any

mechanical or electrical apparatus or appliances, or with or without supplementary

aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions,

ointments or other similar preparations commonly used in this practice.

Massage establishment means a fixed place of business where any person engages in

massage.

Massage therapist or massage practitioner means any person who gives or

administers a massage to another person, for any form of consideration.

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Off-premise massage therapist business means the business of providing massage

services by appointment at a location other than the premises licensed as a massage

establishment. It includes massage therapists who provide off-premise massage

services and who contract with or work for a business other than a massage

establishment.

Particular anatomical areas means the pubic region, human genitals, perineum, anal

region, and the area of the female breast that includes the areola and the nipple.

Regulatory body means the Massage Therapist Organization (also known as the

California Massage Therapy Council) that provides oversight to massage

professionals pursuant to Division 2, Chapter 10.5 of the California Business and

Professions Code (commencing with section 4600).

Sole practitioner massage establishment means a massage establishment that is wholly

owned by massage therapist or a person who holds a state certification , who is the only

person who provides massage on the premises , who has no employees , and who does

not employ independent contractors.

State certification means a valid certificate issued by the regulatory body.

(“Purpose and Intent” renumbered to Sec. 33.3501; “Definitions” renumbered from

Sec. 33.3504 and amended 12–5–2000 by O–18907 N.S.; effective 7-1-2001.)



§33.3503 Permit Required for Massage Establishment or Sole Practitioner Massage

Establishment

It is unlawful for any person to operate or allow the operation of a massage

establishment or a sole practitioner massage establishment without a permit.

(“Massage Business — Police Regulated” repealed; “Massage Establishment—

License Required” renumbered from Sec. 33.3520, retitled to “Permit Required for

Massage Establishment” and amended 12–5–2000 by O–18907 N.S.; effective

7-1-2001.)

(Retitled from “Permit Required for Massage Establishment” to “Permit Required

for Massage Establishment or Sole Practitioner Massage Establishment” and

amended 11-20-2019 by O-21152 N.S.; effective 1-1-2020.)

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§33.3504 Massage Establishment or Sole Practitioner Massage Establishment Permit

Application Contents

(a) Each applicant for a permit to operate a massage establishment or a sole

practitioner massage establishment shall furnish the following information to

the Chief of Police:

(1) The full true name and any other names ever used by the applicant.

(2) The current residential address and telephone number of the applicant.

(3) The address of the proposed massage establishment or sole

practitioner massage establishment.

(4) Each residential address of applicant for the five years immediately

preceding the date of the application, and the inclusive dates of each

address.

(5) Written proof that the applicant is at least eighteen years of age.

(6) Applicant’s height, weight, color of eyes and hair.

(7) Government-issued photo identification such as a California Driver

License, Identification Card, or United States Passport.

(8) Applicant’s business, occupation and employment history for the five

years immediately preceding the date of application, including

addresses and dates of employment.

(9) Whether the applicant has ever had any license or permit issued by any

agency or board, or any city, county, state or federal agency revoked

or suspended, or has had any professional or vocational license or

permit revoked or suspended within five years immediately preceding

the application, and the reason for the suspension or revocation.

(10) All criminal convictions , including those dismissed pursuant to

California Penal Code section 1203.4, except traffic, and a statement

of the dates and places of such convictions .

(11) The name and address of the owner and lessor of the real property

upon which the business is to be conducted, and a copy of the lease or

rental agreement.

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(12) Fingerprints.

(13) Such other identification and information as may be required in order

to discover the truth of the matters herein specified as required to be

set forth in the application.

(b) In addition to the information required by section 33.3504(a), an applicant for

a massage establishment permit must furnish the following information:

(1) if the applicant is a corporation, the name of the corporation exactly as

shown in its Articles of Incorporation or Charter, together with the

state and date of incorporation and names and residential addresses of

each of its current officers and directors, and of each stockholder

holding more than 5 percent of the stock of the corporation;

(2) if the applicant is a partnership, the name and residential addresses of

each of the partners, including limited partners;

(3) if the applicant is a limited partnership, a copy of the limited

partnership’s certificate of limited partnership as filed with the County

Clerk;

(4) if one or more of the limited partners is a corporation, the applicant

shall provide the information about that partner required by

section 33.3504(b)(1);

(5) if the applicant is a corporation or partnership, the name of the

responsible managing officer.

(“Definitions” renumbered to Sec. 33.3502; “Massage Establishment License”

renumbered from Sec. 33.3521, retitled to “Massage Establishment Permit

Application Contents” and amended 12–5–2000 by O–18907 N.S.; effective

7-1-2001.)


(Retitled from Massage Establishment Permit Application Contents” to “Massage

Establishment or Sole Practitioner Massage Establishment Permit Application

Contents” and amended 11-20-2019 by O-21152 N.S.; effective 1-1-2020.)

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§33.3505 Corporate Officers and Partners Deemed Applicants

Each corporate officer or partner of a massage establishment is deemed an applicant

for a massage establishment permit and each must provide the information required

in section 33.3504.

(“Corporate Officers and Partners Deemed Applicants” added 12–5–2000 by

O–18907 N.S.; effective 7-1-2001.)


§33.3506 Designation of Responsible Managing Officer, Signature on

Applications

An applicant that is a corporation or partnership shall designate one of its officers or

general partners to act as its responsible managing officer. The responsible managing

officer may complete and sign all applications on behalf of the corporate officers and

partners.

(“Designation of Responsible Managing Officer, Signature on Applications” added

12–5–2000 by O–18907 N.S.; effective 7-1-2001.)

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§33.3507 Permit Required for Off-Premises Massage Therapist Business

(a) Unless exempt under section 33.3511, it is unlawful for any person to engage in

or operate an off-premise massage therapist business without an off-premise

massage therapist business permit.

(b) Any person possessing an off-premise massage therapist business permit is

also permitted to operate as a massage therapist , unless the permittee is

governed by subsection (c).

(c) Any person desiring to operate an off-premise massage therapist business but

who will not provide massage services may obtain an off-premise massage

therapist business permit so long as the following conditions are met:

(1) The person meets the application requirements for an off-premise massage

therapist business permit except for the education requirements.

(2) The person does not possess an outcall nude entertainment business or

outcall nude entertainer permit.

(“Off–Premises Massage Business — License Required” renumbered from 33.3523,

retitled to “Permit Required for Off-Premises Massage Business” and amended

12-5–2000 by O–18907 N.S.; effective 7-1-2001.)

(Renumbered from former Section 33.3508 on 11-25-2014 by O-20437 N.S.; effective

12-25-2014.)

(Retitled from “Permit Required for Off-Premises Massage Business” to “Permit

Required for Off-Premises Massage Therapist Business” and amended 11-20-2019

by O-21152 N.S.; effective 1-1-2020.)

§33.3508 Permit Required for Massage Therapist

Unless exempt under section 33.3511, it is unlawful for any person to act as a

massage therapist without a permit. Any person desiring to engage in off-premise

massage must obtain an off-premise massage therapist business permit.

(“Massage Technician — Permit Required” renumbered from 33.3530, retitled to

“Permit Required for Massage Therapist” and amended 12–5–2000 by O–18907

N.S.; effective 7-1-2001.)


12-25-2014.)


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§33.3509 Massage Therapist Permit and Off-Premise Massage Therapist Business Permit

Application Contents

Each applicant for a massage therapist permit or an off-premise massage therapist

business permit shall furnish the following information to the Chief of Police:

(a) The full true name and any other names ever used by the applicant.

(b) The current residential address and telephone number of the applicant.

(c) Each residential and business address of applicant for the five years

immediately preceding the date of the application, and the inclusive dates of

each such address.

(d) Written proof that the applicant is at least eighteen years of age.

(e) Applicant’s height, weight, color of eyes and hair.

(f) Government-issued photo identification such as a California Driver License,

Identification Card, or United States Passport.

(g) Applicant’s business, occupation and employment history for the five years

immediately preceding the date of application.

(h) Whether the applicant has ever had any license or permit issued by any

agency or board, or any city, county, state or federal agency revoked or

suspended, or has had any professional or vocational license or permit

revoked or suspended within five years immediately preceding the

application, and the reason for the suspension or revocation.

(i) All criminal convictions , including those dismissed pursuant to California

Penal Code section 1203.4, except traffic, and a statement of the dates and

places of such convictions .

(j) The massage establishment at which the applicant expects to be employed, or

a business address for the off-premise massage business.

(k) Proof of the satisfactory completion of 500 hours of instruction from any

school approved by the regulatory body. The applicant must provide the Chief

of Police with proof that the school(s) attended by the applicant were schools

approved by the regulatory body.

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(l) Proof of successful completion of a massage competency assessment

approved by the regulatory body, if the competency assessment is required by

the regulatory body at the time of the application.

(m) A copy of a valid registration, certification, or license from any other state

approved by the regulatory body.

(n) Fingerprints.

(o) Such other identification and information as may be required in order to

discover the truth of the matters specified in this section.

(“Massage Technician Permit” renumbered from 33.3531, retitled to “Massage

Therapist Permit and Off-Premise Massage Business Permit Application Contents”

and amended 12–5–2000 by O–18907 N.S.; effective 7-1-2001.)

(Renumbered from former Section 33.3510 and amended 11-25-2014 by

O-20437 N.S.; effective 12-25-2014.)

(Retitled from “Massage Therapist Permit and Off-Premise Massage Business Permit

Application Contents” to “Massage Therapist Permit and Off-Premise Massage

Therapist Business Permit Application Contents” and amended 11-20-2019 by

O-21152 N.S.; effective 1-1-2020.)

§33.3510 Grounds for Denial of Massage Establishment Permit, Sole Practitioner

Massage Establishment, Off-Premise Massage Therapist Business Permit, or

Massage Therapist Permit

In addition to the grounds for denial stated in section 33.0305, an application for a

massage establishment permit, sole practitioner massage establishment permit, off-

premise massage therapist business permit, or massage therapist permit shall be

denied for any of the following reasons:

(a) The applicant has within five years immediately preceding the date of the

filing of the application, been convicted of any of the following offenses:

(1) any offense described in California Penal Code sections 266h, 266i,

315, 316, 318, 653.22, or 647(a) or (b);

(2) any offense described in California Penal Code, Part One, Title 9,

Chapters 7.5 and 7.6; or,

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(b) The applicant within five years immediately preceding the date of the filing of

the application has been convicted of a charge of violating any lesser included

or lesser related offense, including California Penal Code section 415, in

satisfaction of, or as a substitute for, an original charge of any of the offenses

listed in section 33.3510(a).

(c) The applicant has been convicted of any offense which requires registration as

a sex offender under California Penal Code section 290.

(d) No permit for a massage establishment or a sole practitioner massage

establishment shall be issued if, within the two years immediately preceding

the date of the filing of the application, the permit of a previous owner of a

massage establishment or a sole practitioner massage establishment at the

same address was revoked.

(“Grounds for Denial of Massage Establishment Permit, Off-Premise Business

Permit, Massage Therapist Permit” added 12-5-2000 by O-18907 N.S.; effective

7-1-2001.)


O-20437 N.S.; effective 12-25-2014.)

(Retitled from “Grounds for Denial of Massage Establishment Permit, Off-Premise

Business Permit, Massage Therapist Permit” to “Grounds for Denial of Massage

Establishment Permit, Sole Practitioner Massage Establishment, Off-Premise

Massage Therapist Business Permit, or Massage Therapist Permit” and amended

11-20-2019 by O-21152 N.S.; effective 1-1-2020.)

§33.3511 Exemptions

(a) This Division does not apply to the following classes of individuals while

engaged in the performance of the duties of their respective professions within

the scope of their California state licenses: acupuncturists, aestheticians,

barbers, chiropractors, cosmetologists, exercise physiologists, manicurists,

nurses, occupational therapists, osteopaths, physical therapists, physicians,

and surgeons.

(b) This Division does not apply to trainers of any semiprofessional or

professional athlete or athletic team, or trainers hired by a local, state or

federal agency.

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(c) This Division does not apply to any educational institution licensed by the

State of California, including any portion of the institution providing massage

services, such as student clinics and work study programs, regulated under the

state license. However, this exemption does not apply to any business owned

or operated by such an institution that is not regulated under the state license.

(d) This Division does not apply to holistic health practitioners licensed under

Division 44 of this Article.

(e) This Division does not apply to any massage therapists or massage

practitioners who have state certification.

(f) The exemptions described in this section 33.3511 also exempt any fixed

business location where:

(1) the exempt person as described in section 33.3511(a) through (d)

provides massage services; or

(2) massage is administered

(A) under the direction and control of the exempt person as

described in section 33.3511(a) through (d); and

(B) when the exempt person as described in section 33.3511(a)

through (d) is physically present at the location.

(g) Renting office or work space at an otherwise exempt location does not

provide the renter with an exemption from this Division.

(h) Massage therapists who are not themselves exempt, but who are employed by

an exempt person are not exempt from the provisions of this Division.

(“Exemptions” renumbered from Sec. 33.3532 and amended 12-5-2000 by

O-18907 N.S.; effective 7-1-2001.)


O-20437 N.S.; effective 12-25-2014.)


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§33.3512 Renewal of Massage Therapist Permit

(a) Renewals shall be annual in accordance with section 33.0308.

(b) In order to renew a massage therapist or off-premise massage therapist

business permit, the permittee must:

(1) provide proof of twelve hours of continuing education in massage

therapy. The continuing education hours must be obtained from a

facility, school, or organization approved by the regulatory body; and

(2) meet all the requirements of section 33.3509.

(c) Section 33.3512(b) does not apply to off-premise massage therapist business

permit holders described in section 33.3507(c).

(“Renewal for Massage Therapist Permit” added 12-5-2000 by O-18907 N.S.;

effective 7-1-2001.)


O-20437 N.S.; effective 12-25-2014.)

(Retitled from “Renewal for Massage Therapist Permit” to “Renewal of Massage

Therapist Permit” and amended 11-20-2019 by O-21152 N.S.; effective 1-1-2020.)

§33.3513 Equipment, Cleanliness, and Operating Requirements for Massage

Establishments and Sole Practitioner Massage Establishments

(a) A minimum of one toilet and wash basin must be provided for the patrons in

every massage establishment or sole practitioner massage establishment. Hot

and cold running water under pressure must be provided to all wash basins,

bathtubs, showers, and similar equipment. Each wash basin must be provided

with soap or detergent and sanitary towels placed in permanently installed

dispensers. A trash receptacle must be provided in each toilet room.

(b) Clean towels, sheets, and linens must be provided for each patron receiving

massage services. Shared use of towels or linens is prohibited and reuse is

prohibited unless they have been laundered after each use. Heavy white paper

may be substituted for sheets provided that the paper is used once for each

person, then discarded into a sanitary receptacle.

(c) Disinfecting agents and sterilizing equipment must be used to ensure that any

instruments used in performing any massage are clean and safe.

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(d) Pads used on massage tables must be covered in a workmanlike manner with

durable, washable plastic or other waterproof material.

(e) In toilet rooms, steam rooms and rooms containing tubs or showers, a

waterproof floor covering shall be provided which extends up the walls at

least 6 inches and shall be covered at the floor-wall juncture with at least a 3/8

inch radius.

(f) All walls, ceilings, floors, pools, showers, bathtubs, wet and dry heat rooms,

steam rooms, tables and all other physical facilities must be in good repair and

maintained in a clean and sanitary condition. Wet and dry heat rooms, steam

or vapor rooms or cabinets, showers and toilet rooms must be cleaned at least

once each day the business is in operation. Bathtubs must be cleaned after

each use.

(g) Cleanable and nonabsorbent waste containers with tight fitting covers shall be

provided for the storing of all waste matter and shall be maintained in a clean

and sanitary condition.

(h) Closed cabinets or containers shall be provided for the storage of laundered

towels and linens. Nonabsorbent containers or laundry bags shall be provided

for damp or soiled linen, and linen shall be kept therein until removed for

laundering.

(i) All massage establishments or sole practitioner massage establishments shall

be equipped, maintained, and operated to effectively control the entrance,

harborage, and breeding of vermin, including flies. When flies or other vermin

are present, effective control measures shall be instituted for their control or

elimination.

(j) The external doors of massage establishments may not be locked during

business hours. This section 33.3513(j) does not apply to sole practitioner

massage establishments.

(k) The massage establishment or sole practitioner massage establishment shall

not be used for residential purposes. Evidence that the premises are used for

residential purposes may include:

(1) Beds or mattresses, other than professional massage tables;

(2) Bedding, such as pillows, blankets, and sheets, other than those used

for professional massage tables;

(3) Sleepwear, including pajamas, nightgowns, and lingerie;

(4) Groceries that require cooking, such as raw meats, poultry, fish, and

grains;

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(5) Cookware, utensils, and cooking equipment;

(6) Clothing in an amount that exceeds one change of clothing for each

employee or independent contractor who is present on the premises ; or

(7) Personal grooming and hygiene items.

(l) A responsible person shall ensure that every person providing massage on the

premises complies with the provisions of Chapter 3, Article 3, Division 35.

(“Equipment and Cleanliness Requirements for Massage Establishments”

renumbered from Sec. 33.3540, retitled and amended 12-5-2000 by O-18907 N.S.;



12-25-2014.)

(Retitled from “Equipment and Cleanliness Requirements for Massage

Establishments” to “Equipment, Cleanliness, and Operating Requirements for

Massage Establishments and Sole Practitioner Massage Establishments” and


§33.3514 Massage Establishment Permit and Posting Requirements; Name Tags

(a) It is unlawful for any responsible person to employ or permit any person to

act as a massage therapist who is not in possession of a valid massage

therapist permit or state certification.

(b) The massage establishment or sole practitioner massage establishment

business permit, public health permit, and a copy of the permit of each

massage therapist working in the establishment shall be displayed in an open

and conspicuous public place on the premises .

(c) Each massage therapist must wear a name tag on their outermost garment

when working in the massage establishment. The name tag must contain the

massage therapist’s name as it appears on the massage therapist permit or

state certification. This subsection 33.3514(c) is regulatory only.

(“Massage Establishment Permit and Posting Requirements; Name Tags” added

12-5-2000 by O-18907 N.S.; effective 7-1-2001.)


12-25-2014.)


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§33.3515 Massage Establishment and Sole Practitioner Massage Establishment Hours and

Services

(a) It is unlawful for any responsible person to allow the massage establishment or

sole practitioner massage establishment to be open between the hours of 12:00

a.m. and 6:00 a.m. All customers, patrons, and visitors shall be excluded from

the premises during those hours.

(b) A list of services available and the cost of such services shall be posted in an

open and conspicuous public place on the premises . The services shall be

described in readily understandable language. No services other than those

posted are allowed.

(“Massage Establishment Hours and Services” added 12-5-2000 by O-18907 N.S.;



12-25-2014.)

(Retitled from “Massage Establishment Hours and Services” to “Massage

Establishment and Sole Practitioner Massage Establishment Hours and Services and


§33.3516 Massage Establishment and Sole Practitioner Massage Establishment Patron’s

Particular Anatomical Areas Covered, No Touching, Advisal

(a) A responsible person in each massage establishment or sole practitioner

massage establishment shall provide to all patrons sanitary and opaque

coverings capable of covering the patron’s particular anatomical areas. No

common use of the covering shall be permitted, and reuse is prohibited unless

the covering has been laundered after each use. In addition, no responsible

person shall permit a massage to be given unless the patron’s particular

anatomical areas are fully covered. This subsection 33.3516(a) is regulatory

only.

(b) No responsible person shall permit any person in any area within the massage

establishment or sole practitioner massage establishment which is used by the

patrons or which can be viewed by patrons from such an area, unless the

person’s particular anatomical areas are fully covered. This subsection

33.3516(b) does not apply to momentary nudity occurring in bathrooms, shower

areas, or dressing or locker rooms. This subsection 33.3516(b) is regulatory only.

Ch. Art. Div.

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(c) No permittee shall give a massage or be in any room with a patron unless the

patron’s particular anatomical areas are fully covered with an opaque

covering. This subsection 33.3516(c) is regulatory only.

(d) No responsible person shall permit any person to massage , or intentionally touch,

the particular anatomical areas of another person. This subsection 33.3516(d) is

regulatory only.

(e) No permittee shall massage or intentionally touch the particular anatomical

areas of another person. This subsection 33.3516(e) is regulatory only.

(f) The responsible person and permittee shall ensure that patrons are advised of

section 33.3316(a) through 33.3516(e), prior to treatment. The advisal may

be:

(1) posted as a document in the room where the massage is conducted;

(2) contained in patron intake documents; or

(3) posted in any other manner approved by the Chief of Police .

The advisal may paraphrase the language of section 33.3516(a) through

33.3516(e), so long as such language is approved by the Chief of Police .

Language quoting these sections need not be preapproved by the Chief of

Police. This subsection is regulatory only.

(“Massage Establishments Patron’s Specified Anatomical Areas Covered, No

Touching, Advisal” added 12-5-2000 by O-18907 N.S.; effective 7-1-2001.)


O-20437 N.S.; effective 12-25-2014.)

(Retitled from “Massage Establishments Patron’s Specified Anatomical Areas

Covered, No Touching, Advisal” to “Massage Establishment and Sole Practitioner

Massage Establishment Patron’s Particular Anatomical Areas Covered, No

Touching, Advisal” and amended 11-20-2019 by O-21152 N.S.; effective 1-1-2020.)

Ch. Art. Div.

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§33.3517 Plumbing and Electrical Requirements for Massage Establishments and Sole

Practitioner Massage Establishments

All plumbing and electrical installations in massage establishments and sole

practitioner massage establishments must be installed under permit and inspection by

the Building Inspection Department and such installations shall be installed in

accordance with the Uniform Building Code and the Uniform Plumbing Code as

adopted by this Code.

(“Plumbing and Electrical Requirements for Massage Establishments” added

12-5-2000 by O-18907 N.S.; effective 7-1-2001.)


O-20437 N.S.; effective 12-25-2014.)

(Retitled from “Plumbing and Electrical Requirements for Massage Establishments”

to “Plumbing and Electrical Requirements for Massage Establishments and Sole

Practitioner Massage Establishments” and amended 11-20-2019 by O-21152 N.S.;


§33.3518 Permit and Posting Requirements for Off-Premises Massage Therapist Business;

Name Tags

(a) It is unlawful for any person to engage in off-premise massage services who is

not in possession of a valid off-premise massage therapist business permit.

(b) The off-premise massage therapist business permit must be displayed in an

open and conspicuous place on the permitted business premises .

(c) Each massage therapist must wear a name tag on their outermost garment

when providing off-premise massage services. The name tag must contain the

massage therapist’s name as it appears on the massage therapist permit or

state certification. This subsection 33.31518(c) is regulatory only.

(“Massage Establishment— License Required” renumbered to Sec. 33.3503, retitled

and amended; “Permit and Posting Requirements for Off-Premises Massage

Business; Name Tags” added 12–5–2000 by O–18907 N.S.; effective 7-1-2001.)


12-25-2014.)

(Retitled from “Permit and Posting Requirements for Off-Premises Massage

Business; Name Tags” to “Permit and Posting Requirements for Off-Premises

Massage Therapist Business; Name Tags” and amended 11-20-2019 by

O-21152 N.S.; effective 1-1-2020.)

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§33.3519 Hours of Operation for Off-Premise Massage Business

It is unlawful for any permittee to provide off-premise massage services between

12:00 a.m. and 6:00 a.m.

(“Massage Establishment License” renumbered to Sec. 33.3504 and amended;

“Hours of Operation for Off-premise Massage Business” added 12-5-2000 by O-

18907 N.S.; effective 7-1-2001.)

(Renumbered from former Section 33.3521 and retitled to “Hours of Operation for

Off-Premise Massage Business” on 11-25-2014 by O-20437 N.S.; effective

12-25-2014.)

§33.3520 Equipment and Cleanliness Requirements for Off-Premise Massage

(a) It is unlawful for any permittee to use or allow any person to use instruments

for off-premise massage services that are not kept in a safe and sanitary

condition.

(b) It is unlawful for any permittee to use or allow any person to use towels or

linens that are not clean or have not been laundered after each use.

(“Massage Establishment License— Health Department Inspection and

Investigation” renumbered to Sec. 33.3507, retitled and amended; “Equipment and

Cleanliness Requirements for Off-Premise Massage” added 12-5-2000 by O-18907

N.S.; effective 7-1-2001.)


12-25-2014.)

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§33.3521 Off-Premise Massage Therapist Business Appointment Requirements

(a) Any massage conducted in a place not open to public view must be by

appointment only.

(b) Any off-premise massage therapist who also engages in outcall nude

entertainment may not provide nude entertainment immediately prior to, or

immediately after, the massage appointment.

(c) An off-premise massage therapist may perform massage without appointment

if the massage is conducted in a public place open to view of the public such

as in an airport, shopping center kiosk, or salon, or at events such as

marathons and street fairs.

(“Off–Premises Massage Business— License Required” renumbered to Sec. 33.3508,

retitled and amended; “Off-Premise Massage Appointment Requirements” added

12-5-2000 by O-18907 N.S.; effective 7-1-2001.)


12-25-2014.)

(Retitled from “Off-Premise Massage Appointment Requirements” to “Off-Premise

Massage Therapist Business Appointment Requirements” on 11-20-2019 by

O-21152 N.S.; effective 1-1-2020.)

§33.3522 Operating Requirements for Massage Therapists

(a) No massage therapist, while performing any task or service associated with

the massage establishment, sole practitioner massage establishment, or off-

premise massage therapist business, shall be present in any room with another

person unless the person’s particular anatomical areas are fully covered.

This subsection does not apply to momentary nudity occurring in bathrooms,

shower areas, or dressing or locker rooms. This subsection is regulatory only.

(b) No massage therapist, while performing any task for service associated with

the business of massage , shall massage or intentionally touch the particular

anatomical areas of another person. This subsection is regulatory only.

(c) Each massage therapist must wear a name tag when working as a massage

therapist . The name tag must contain the massage therapist’s name as it

appears on the police permit or state certification . This subsection is

regulatory only.

(d) It is unlawful for any massage therapist to use towels, linens or instruments

during the massage that are not in a clean or in a safe condition.

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(e) It is unlawful for any massage therapist to provide massage services between

12:00 a.m. and 6:00 a.m.

(f) The permittee shall ensure that patrons are advised of section 33.3522(a) and

section 33.3522(b) prior to treatment. The advisal may be:

(1) posted as a document in the room where the massage is

conducted;

(2) contained in patron intake documents; or

(3) posted in any other manner approved by the Chief of Police .

The advisal may paraphrase the language of section 33.3522(a) and

section 33.3522(b), so long as such language is approved by the Chief of

Police. Language quoting these sections need not be preapproved by the

Chief of Police . This subsection is regulatory only.

(g) Any off-premise massage business therapist permittee who hires, dispatches or

contracts with other off-premise massage therapists to do off-premise massage

is responsible for ensuring that those massage therapists comply with all

applicable regulations in this Division.

The permittee must also make reasonable efforts to prevent criminal activity by

the other massage therapists . In addition to all other grounds, prostitution by

such massage therapists is grounds for revoking the permit .

(“Off–Premises Massage Business License” repealed; “Operating Requirements for

Massage Therapists” added 12-5-2000 by O-18907 N.S.; effective 7-1-2001.)


O-20437 N.S.; effective 12-25-2014.)


§33.3523 Massage Therapist Clothing Requirements

No massage therapist shall wear any of the following while providing massage :

(a) Attire that is transparent or substantially exposes the massage therapist’s

undergarments;

(b) Swim attire, unless providing water-based massage approved by the

regulatory body; or

Ch. Art. Div.

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(c) Clothing worn in a manner that exposes the massage therapist’s particular

anatomical areas.

This section 33.3523 is regulatory only.

(“Massage Therapist Clothing Requirements” added 12-5-2000 by O-18907 N.S.;



12-25-2014.)


§33.3524 Massage Establishment, Sole Practitioner Massage Establishment, Massage

Therapist, Off-Premise Massage Therapist Business Advertising Requirements

(a) Each massage therapist , massage establishment, sole practitioner massage

establishment, or business permitted under this Division shall include the

number of their police permit in any advertisement of services appearing in

any newspaper, telephone directory, printed advertising medium, or electronic

medium. The reference does not have to contain the words “police permit.”

“City of San Diego permit number 1111,” or similar language, will suffice so

long as the correct police permit number is included.

(b) Advertising hours other than those allowed in this Division is grounds for

regulatory action against the permittee . This subsection is regulatory only.

(c) In addition to any criminal penalty, a violation of California Business and

Professions Code section 17500 (false or misleading statements) is grounds

for regulatory action against the permittee .

(“Massage Establishment, Massage Therapist, Off-premise Massage Business

Advertising Requirements” added 12-5-2000 by O-18907 N.S.; effective 7-1-2001.)


O-20437 N.S.; effective 12-25-2014.)

(Retitled from “Massage Establishment, Massage Therapist, Off-Premise Massage

Business Advertising Requirements” to “Massage Establishment, Sole Practitioner

Massage Establishment, Massage Therapist, Off-Premise Massage Therapist

Business Advertising Requirements” and amended 11-20-2019 by O-21152 N.S.;


Ch. Art. Div.

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§33.3525 Massage Establishment or Sole Practitioner Massage Establishment Change of

Location

A permitted massage establishment or sole practitioner massage establishment that

changes location must conform to all applicable provisions of this Article.

(“Massage Establishment Change of Location” added 12-5-2000 by O-18907 N.S.;



O-20437 N.S.; effective 12-25-2014.)

(Retitled from “Massage Establishment Change of Location” to “Massage

Establishment or Sole Practitioner Massage Establishment Change of Location” and


§33.3526 Exemption from Hours of Operation

Notwithstanding other sections of this Division, a permittee may seek an exemption

from the limits on the hours of operation for the permittee when there is a special

event, such as an organized New Year’s Eve event or a charitable fund-raiser. The

Chief of Police may grant the exemption if the Chief of Police determines that the

public safety is not at risk.

(“Exemption from Hours of Operation” added 12-5-2000 by O-18907 N.S.; effective

7-1-2001.)


12-25-2014.)


§33.3527 Posting of Public Notice Regarding Slavery and Human Trafficking

It is unlawful for any person engaged in operating a massage establishment or sole

practitioner massage establishment to fail to comply with the posting requirements of

California Civil Code section 52.6.

(“Posting of Public Notice Regarding Slavery and Human Trafficking” added

11-20-2019 by O-21152 N.S.; effective 1-1-2020.)

Documents

Article 3: Police Regulated Business Regulations …docs.sandiego.gov/municode/MuniCodeChapter03/Ch03Art03...Regulatory body means the Massage Therapist Organization (also known as